MATTER OF MASLINE


52 A.D.2d 739 (1976)

In the Matter of The Estate of Edward G. Masline, Jr., Deceased. Winona S. Masline et al., as Coexecutors and Cotrustees of Edward G. Masline, Jr., Deceased, Appellants; Edward L. Masline et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 9, 1976


Order unanimously affirmed, without costs.

Memorandum:

The order vacating trial court's prior order and summary judgment granted appellants on respondents' default in attendance at a hearing scheduled by the court, of which respondents' counsel had no notice, was proper in all respects. The circumstances convincingly establish that the default resulting in entry of the order and judgment granted to appellants was not attributable to respondents and was clearly...

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